Section 902. Pleadings; form  


Latest version.
  • (a)  All  pleadings  shall  be  formal  pleadings, as in supreme court
      practice, except that:
        1. If the plaintiff's cause of  action  is  for  money  only  and  the
      summons  is  served  by  personal  delivery  to the defendant within the
      county, the cause of action may be set forth  by  indorsement  upon  the
      summons.  The indorsement shall consist of a statement of the nature and
      substance of the cause of action, and the summons in such instance shall
      set forth the amount in which the plaintiff will take  judgment  in  the
      event  of  default. Unless the rules of the court provide otherwise, the
      clerk shall make such indorsement  for  a  plaintiff  appearing  without
      attorney.
        2.  Where  such  indorsement  method  has  been  used,  or  where  the
      plaintiff's cause of action is for money only in the amount of  $300  or
      less,  the  defendant,  if  he  appears  without attorney, may answer by
      indorsement of the  nature  and  substance  of  the  answer  on,  or  by
      annexation  of it to, the summons. Unless the rules of the court provide
      otherwise, the clerk shall make such indorsement.
        (b) If a formal complaint must be or is used, it shall be served  with
      the  summons,  except  that  if  service is made by publication the CPLR
      shall govern.
        (c) The address of the defendant, and that of his attorney if he shall
      appear by attorney, shall be stated with or in the answer.
        (d) The rules may provide, in actions for  money  only  in  designated
      categories in which the plaintiff might otherwise proceed by indorsement
      as above provided, that a formal complaint, or a formal answer, or both,
      shall be required.
        (e) The court in any case may, at any time before judgment, on its own
      motion  or  on  the  motion on notice of a party, direct the service and
      filing of a formal pleading.